COLLEGE OF CRIMINOLOGY

INSTRUCTION MATERIAL
ON

SPECIAL CRIME WITH

SIMULATION ON
INTERROGATION AND
INTERVIEW (CDI 3)

A.Y 2023-2024

PREPARED BY:
Introduction:

The purpose of crime scene investigation is to help establish what happened at the
crime and to identify the responsible person or people. Carefully documenting the situation at a
crime scene and recognizing all-important physical evidence do this. The ability to recognize and
properly collect physical evidence is oftentimes vital to both solving and prosecuting violent
crimes. Actions taken at the outset of an investigation at a crime scene can play a pivotal role in
the resolution of a case. Careful, a thorough investigation is key to ensure that potential physical
is not tainted or destroyed or potential witnesses overlooked.

From the perspective of forensic science has come to mean the application of
natural and physical science to the motion of matters within a legal context. Forensic Science can
be viewed as a tripartite structure consisting of a collection, which pertains to the medical
investigations and presentation, which pertains to the courts. A forensic case will involve all
aspects of each of the three structured elements, each being as important as the other. There
needs to be a shared approach for the successful end of each case. Each step in forensic science
must be done in exact order, therefore it can be assured that the investigation can have few
doubts about what is being debated. The crime scene investigator must focus the attention on the
first aspect of the three-step structure, Collections, and scientific Investigation. To determine
what should be done at crime scenes, how crime scenes should be handled, and what steps must
be followed to ensure that all evidence is uncontaminated as when the crime was committed.

Criminal Investigator - refers to a person who is charged with the duty of carrying on the
objectives of the criminal investigation, e.g., to identify and locate the suspect and provide
evidence of his guilt. It is also responsible for investigating crimes such as Murder homicides,
assaults, and other incidents to implicate perpetrators. Collects evidence, interviews witnesses,
and testifies in court.

Investigator / Officer Shall refer to any law enforcement personnel belonging to the duly
mandated law enforcement agencies tasked to enforce Republic Act 9208 such as officers,
investigators, and agents of the Philippine National Police, National Bureau of Investigation, and
Bureau of Immigration.

Take note guys that:

Crime scene investigator is a complex and multi-faceted one, as several subspecialties exist
within this profession. However, in general, a crime scene investigator is a professional who is
trained to collect, preserve, and process evidence at the scene of a crime.

Crime scene investigators, unlike forensic scientists who conduct tests on physical evidence
within a forensic laboratory, are the on-the-scene professionals who are called to the scene of a
crime to ensure that all physical evidence is properly collected, preserved, and documented
according to a strict code of standards. These investigative professionals also ensure that all
physical evidence is packaged and transported to a forensic laboratory.
The following are the primary responsibilities of a criminal investigator as such but not limited
to: 1. Process crime scenes by performing scene recognition, scene documentation, and evidence
collection
2. Operate within the applicable laws governing the investigations
3. Initiate preliminary survey, generate initial theories, and keep the ones that are not eliminated
by incoming information
4. Thoroughly document scenes and gather potential evidence (physical, specimens, documents,
photographs, statements, etc.) to send to the crime lab
5. Draft detailed investigative reports and be prepared to present evidence to the prosecutor
6. Preserve, collect, and record including tool marks, footprints, tire marks, bite marks, and
fingerprints impressions.
7. Collect DNA evidence, including blood, semen, hair, skin, bloodstain patterns, bodily fluids,
and nails
8. Collect trace evidence, including gunshot residue, fibbers, accelerant, paint, glass, etc.
9. Collect firearms evidence, including weapons, spent casings, bullet fragments, cartridges, and
gun powder patterns
10. Investigate criminal acts such as murder, homicides, sexual assaults, armed robberies, home
invasions, and property crimes such as robbery and theft, etc.
11. Interview informants, suspects, and witnesses to ascertain alibis, clues, time frames, and
possible suspects.
12. Collect enough evidence to support a court case against a criminal.
13. Prepare sketches and diagrams.
14. Obtain search warrants.
15. Perform surveillance and monitor suspects.
16. 16. Exchange information and coordinate activities with other
17. Record physical information about suspects.

Note: Throughout crime scene investigation, the crime scene investigator must ensure that

1. All laws are followed

2. The crime scene and all collected evidence are property documented
3. Evidence is processed in an expeditious manner
4. Evidence is processed without compromising it
5. Proper methods and techniques for evidence recovery are followed.
6. All equipment and resources are properly used
7. All evidence is properly handled, packaged, and transported
8. All physical evidence is recovered
9. Safety precautions are followed

QUALITIES OF AN INVESTIGATOR

a) Proven working experience as a criminal investigator

b) Hands-on experience with crime scenes analysis and forensic science in interpreting
c) Proficient reconstructing events
d) Ability to observe minute details and to produce evidence and detailed reports
e) In-depth knowledge of criminal law, rules, and legislation
f) Familiarity with all evidence types (e.g. circumstantial, direct, trace, hearsay, etc.) and the
g) Thorough understanding of the investigation process and the unique circumstances of rules
governing their admissibility each case
h. Strong analytical skills along with good interviewing and interrogation skills
i. Honest and ethical with high levels of integrity and confidentiality

Special Crime Investigation is a process of applying special equipment and special expertise, it
needs once expertise and a particular special instrument. It also deals with the study of major
crimes based on the application of special investigative techniques.

Crime Scene - A venue or place where the alleged crime/incident event has been committed.

Investigation. Is the collection of facts to accomplish a three-fold aim:

a. to identify the suspect,
b. b, to locate the suspects, and
c. c. to provide evidence of his guilt.
In the performance of his duties, the investigator must seek to establish the six (6) cardinal
points of investigation, namely:
1 what specific offense has been committed:
2. how the offense was committed;
3.who committed it;
4. where the offense was committed:
5.when it was committed: and
6.why it was committed.

Custodial Investigation - Investigation conducted by law enforcement officers after a person

has been arrested or deprived of his freedom of action. It includes the invitation to a person who
is being investigated in connection with an offense.

Miranda Doctrine A principle on the rights of a suspect from forced self-incrimination during
police interrogation as enshrined in the 1987 Philippine Constitution's Bill of Rights (Article III,
Sec. 12).

Combined Task Forces it is necessary for many crimes involving drugs, gangs and terrorism
and multidisciplinary approach, multijurisdictional investigation, metro crime teams and special
investigation units (Hess 1-25 Major Case Task Forces)

Case Officer - The person responsible for and in charge of the investigation of a case.

Case Operational Plan- A definite target-specific activity conducted concerning an intelligence

project under which it is affected. Several case operations may fall under one intelligence
project. Refers to a preparatory plan on how to carry out a case operation which is the last resort
to pursue intelligence objectives when normal police operations fail.
Probable Cause is a factor or circumstance sufficient to convince a person of normal
intelligence that a suspect was probably involved in a specific crime.

Objectives: at the end of the chapter, the students should be able to:

1. Understand the different kinds of Criminal Investigation.

2. Determine the different Phases of Criminal Investigation.
3. Know the importance of Criminal Investigation

Special Crime Investigation with Simulation on Interrogation and

Interview.
CDI 3

Week 2

WHAT IS CRIMINAL INVESTIGATION?

Criminal Investigation came from the Latin term Investigat, which means "to inquire or to
discover during the 5th century (Microsoft® Encarta® 2008. © 1993-2007 Microsoft
Corporation).

Criminal Investigation is a legal inquiry under a complaint to follow up, examine, trace, track
and search, step by step by a patient and meticulous observation, the fact of the commission of a
crime, the identity of the actors, and the circumstances attendant thereto, by careful evaluation of
all available pieces of evidence to the end that violators of law be brought to the bar of justice,
and the innocent be relieved therefrom (Sadili & Pena, 1998).

Criminal Investigation is a logical process of collection and analysis of facts about persons,
things, and places relative to a crime. It includes the identification of the guilty party, the
location of the whereabouts of the guilty party, and providing admissible evidence to establish
the guilt of the parties involved in the crime.

KINDS OF CRIMINAL INVESTIGATION?

1. Investigation while the suspect is under arrest and detention; and

2. Investigation while the suspect is "at large". It means that the suspect is not under arrest or
detention, as distinguished from a fugitive from justice.
Take note guys that:

Legally speaking, the term "at large" is not synonymous with "fugitive from justice", the
former not being a wanted person in the eyes of the law, and therefore cannot be lawfully
arrested without a warrant. The latter is necessarily an escapee from detention or an escaped
prisoner while serving sentence under a final judgment rendered by a court of competent
jurisdiction who can be legally arrested (par. C, Sec 5, Rule 113, Rules of Court) without the
necessity of a warrant of arrest.

THE FOUR PHASES OF CRIMINAL INVESTIGATION

1. The identification of the criminal.

2. The criminal is traced, located, and arrested.
3. The facts or evidence to prove the guilt of the accused is gathered.
4. Pieces of evidence are presented in court.

A criminal investigation may be defined in many ways, in the traditional concept, it means art
that deals with the identity, location, and apprehension of a person who commits a crime and
provides evidence of his guilt in a criminal proceeding. From the contemporary point of view, a
criminal investigation is a systematic process of identifying, collecting, preserving, and
evaluating information to bring a criminal offender to justice. (Cael & Agas, 2000).

Criminal Investigation is the logical, objective, and legal inquiry involving a possible criminal
activity. The result of the inquiry, if successful, will answer the 5 W's and the 1H questions.

Based on its legal definition, Criminal investigation is a branch of jurisprudence (the science of
law) that applies the theories, principles, and time-tested practices of philosophical analysis, arts,
and sciences in judicial and extra-judicial proceedings (Garcia, 2004)

However, Weston and Wells defined Criminal investigation as a lawful search for people and
things useful in reconstructing the circumstances of an illegal act or omission and the mental
state accompanying it. It is the Probing from the known to the unknown, backward in time, and
its goal is to determine the truth as far as it can be discovered in any post-factum inquiry.

CRIMINAL INVESTIGATION AS AN ART AND A SCIENCE

It is an art because it is governed by rigid rules or fixed legal procedures but most often based
on intuition (logic and tested knowledge, immediate learning/consciousness) and sometimes by
chance.
It is a science because it involves the application of knowledge of forensic sciences in the
process of identifying, locating, collecting, processing, and/or evaluating physical evidence
(Manwong, 2004)

At present, Criminal Investigation is an art and science. It exists today as the result of countless
development since policing was conceived and then institutionalized.

The Nature of Criminal Investigation:

1. It is a systematic process based on a systematic plan, conducted in an orderly and logical

manner.
2. It deals with information in the sense that all collected data from various sources are
evaluated, described including those derived from observation, reports, humor which may be part
of the subject of investigation.
3. It involves the activities of gathering and sorting facts, identifying and collecting evidence,
processing or evaluating evidence, locating then interrogating suspects, assembling proof of
criminal quilt, presentation of forensic evidence.

GOALS OF CRIMINAL INVESTIGATION

Generally, the goals of a criminal investigation are the following:

1. To determine whether a crime has been committed;

2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects;
5. To recover stolen properties;
6. To present the best possible case to the prosecutor.

ROLES OF AN INVESTIGATOR

1. Determine whether a crime has been committed

2. Identify the victim/s and the offender

3. Locate and apprehend the accused

4. Present evidence of guilt for the suspect/s 5. Assist in case follow-up

IMPORTANCE OF CRIMINAL INVESTIGATION

1. The problem of crimes and criminals should be carefully studied and provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying criminals
and provides clues or information in promoting social justice. 3. An aid in enforcing the laws and
the protection of lives and properties.

For the Criminal Investigator to be effective, do they need to possess qualifications?

THE CRIMINAL INVESTIGATOR

The criminal investigator is the superstar in the process of investigation. He must be capable of
observation and a rational thinker. Many times, a police investigator is being tested with his
discretion. Discretion is the wise use of one's judgment. He should therefore possess various
qualifications, to name some, they are the following:

1. Perseverance = Refers to steadfastness, persistence, and resolution to bring the desired

conclusion despite obstacles connected with the criminal investigation.
2.Endurance = This is the ability to last physically and mentally hence, he must have
extraordinary physical and mental energy, enduring sleepless nights and tiresome days.

3.Incorruptible Honesty and Integrity = In the practice of his art, there are the ever
temptations of money, women, and drinks where these are present in every corner playing tricks
of temptations.
4. Intelligence and Wisdom of Solomon = This is very important so that the investigator could
easily decipher falsehood from the truth and separate the gain from the chaff.

5.Acting Activity = It is the ability to go down to the level of the minor, the prostitute, or the
slum dwellers, or the level of the other professionals or the members of the elite.

6.Mastery of Oral and Written Communication so that he will not suffer a setback in getting
accurate facts especially in the preparation of reports and or transmittal of information.

7.The Keen Power of Observation and Description= these are very important in crime scene
investigation and interview and interrogation.
8.Courage it is the moral fortitude, to tell the truth, no matter who will be hurt.

9. Working Knowledge of Criminal Law, Evidence, Criminal Procedure, and Penal Special
Laws

10. The power to "read between the lines." This is the ability of the investigator to interpret
the words or phrases encountered in the process of investigation in their deeper meaning to arrive
at a concrete meaning of a certain statement.
11. Working knowledge of martial arts and firearms proficiency = He will find himself on
many occasions that he will be alone in confronting, arresting, bringing to headquarters, and
interrogating the suspect.

Special Crime Investigation with Simulation

on Interrogation and
Interview.
CDI 3

Week 3/4

1. Understand the meaning of Criminal Interview,

2. Identify the different qualities of a good interviewer
3. Determine the reason why witnesses refuse to talk or testify
4. Understand the different rules in questioning a person involved in a crime;
5. Identify the different types of witnesses according to their attitude

Topic: Criminal Interview

An interview is the simple questioning of a person believed to possess information, which is

relevant to the investigation of a crime or on criminal activities. In an interview, the interviewee
is willing and cooperative with the person conducting the interview.

A cognitive Interview is a form or technique in the conduct of interview upon willing and
cooperative witnesses, where they are given the full opportunity to narrate their accounts without
intervention, interruption, and interference from the interviewer. After the subject has finished
his narration, the investigator now subjects him to the style of direct examination and cross-
examination, to clarify the unexplained portions to arrive at a vivid and complete picture of the
testimony.

THE GOLDEN RULE IN INTERVIEW

"Never conduct or let anyone interview if the interviewer has not gone to the crime scene." The
questioning should be in agreement with the facts and conditions at the crime scene. The
questioning will lead wayward for the interviewer who had not seen personally the crime scene
and he will not be in a position to distinguish half-truths, exaggerations of falsehood from the
answers of the person being interviewed.

QUALITIES OF A GOOD INTERVIEWER

1. Rapport-It is the relation between the interviewer and the interviewee, which is conducive to
a fruitful result. It is winning the confidence of a person being interviewed so that he will tell all
the information in his possession. The interviewer must be in respectable civilian attire because,
most often and the majority of people, the police uniforms are a barrier in establishing good
rapport. To many, the uniform is intimidating.

2. Forceful Personality - The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of his language are the mainstays of the strength of his
character. He must be understanding, sympathetic and without showing official arrogance, the
vulgarity of expressions and air superiority.

3. Knowledge of Human Behavior This will help the interviewer to determine the personality -
and intelligence of his subject; he must go down and up to the level of understanding of his
particular subject.

4. Conversational Tone of Voice-His tone of voice must be conversational, not confrontational

as in interrogation. It means that the interviewer must know how to appropriately use his voice
normally, without making his voice loud unusually which may affect the interview process.

5. Acting Qualities - He must possess the qualities of an actor, salesman, and psychologist and
know how to use the power of persuasion. This is done to convince the person to disclose what
he knows about the issue being investigated.

6. Humility He must be courteous, sympathetic, and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at the end of the interview that may give a
good impression to the person being interviewed.

REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY

1. Fear of Reprisal - witnesses who lack the courage to face the suspect, his associates, or
relatives always entertain the fear of reprisal. This is natural, especially for those who have no
means to protect themselves, or no influential persons for them to rely on. This is prevalent
among the generally underprivileged sectors of our society. The investigator must remove these
fears from the mind of his witnesses either by offering protection or by the explanation that
unless the suspect is not put behind bars, the fear will not disappear. The investigator's power of
persuasion plays a vital role.

2. Great Inconvenience- On the part of those of hands-to-mouth existence there is this real
inconvenience, which will deprive them the time to eam for their living especially during the
ordeal of testifying during the trial. To those unemployed, the inconvenience is greater thus, the
investigator must sincerely help them thru his contacts with the business community.

3. Hatred Against the Police - This hatred may be due to previous bad experiences with rogue
members of the police organization. The investigator must show the difference between him and
the rogue policeman by honest and sincere entertainment of the complaint against the rogue
cops. He must explain that these scalawags represent only a small percentage of a whole
organization and the police leadership is addressing the situation properly. A calling card of the
investigator given to this kind of witness will greatly help the situation, promising immediate
help if there is a recurrence of the bad experience.

4. The bias of the Witness - The witness may be an acquaintance, friend, helper, or benefactor
of the suspect. All of these and other relationships of the witness to the suspect must be explored
so that an intelligent approach is properly applied.

5. Avoidance of Publicity - Some witnesses are shy and they shun publicity that will bring
discomfort to their ordinary or obscure way of living. The investigator must hide these witnesses
away from reporters.

6. Family Restriction Some famous and respected families preserve their reputations by -
instilling in their members the need for the approval of their elders on matters affecting their
families. The investigator must talk to the elders for their approval for a member to testify.

COMMON TECHNIQUE APPLICABLE TO THE FOREGOING REASONS

Many of these witnesses want that they will not be utilized as formal witnesses but to remain
anonymous. The investigators must initially agree that the testimonies be given the shroud of
confidentiality. After the full disclosure of the information, the investigator then persuades these
witnesses to be utilized as formal witnesses especially when there is the necessity of testimonial
evidence. The power of persuasion plays a key role.

THE STAGES OF HANDLING THE INTERVIEW

1. Preparation - The investigator should review the facts at the crime scene and information
from other sources so that he would be ready for the questioning. A background data of the
subject should be available so that he could adapt himself to the kind of approach to be
employed.

2. Approach - The investigator must carefully select his kind of approach, which may be single,
a combination of two, or the application of all techniques.

3. Warming Up-This is done by preliminary or exploratory questions to clear the atmosphere,

promote a conducive ground for cordiality, respect, and trust for each other.
4. Cognitive Interview-this is performed by allowing or asking now the subject to narrate
his/her account without interruption, intervention, or interference. It is only after the completion
of the uninterrupted narration that the investigator begins the direct and cross-examination
(Garcia. 2004).

RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME

1. Ask Question at a Time-- Multiple, complex, and legalistic questions should be avoided. One
question at a time is desired.

2. Avoid Implied Answers - The nod of the head or any other body language as a response to
the questions should be avoided. The answers must be oral, clear, explicit, and responsive to
the questions.

3. Questions should be clearly stated - A short simple question at a time is required. If the
answer needs qualification, then, it should be allowed. Avoid legalistic questions such as: who is
the murderer, or who are in conspiracy with the subject.

4. Saving Faces - Embarrassing questions on the subject on matters of exaggeration or honest

errors about time, distance, and description can be avoided if the investigator will cooperate
with the subject "to save his face". The investigator should not fault or ridicule the subject on
these matters.
5. Yes and No Answers are not allowed - Do not ask questions that could be answered by mere
yes or no because it will curtail the complete flow of information and will lead to inaccuracy.

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

1. Know-nothing Type - These are the reluctant type of witnesses. They are found among the
uneducated and of a low level of intelligence. The technique to be applied is to go down to their
level of intelligence and interrogation.

2. Disinterested Type - This is the uncooperative and indifferent subject. To deal with them is to
find out their field of interest so that they will talk. Their indifference should be demolished to
arouse their interest or be flattered.

3. The Drunken Type - The style of questioning by the investigator should be adapted to the

psychology of the subject. When the drunken subject has sobered, another interview will be
conducted, confronting him about his disclosures while in the state of drunkenness. The

written statement must be taken during his sobriety.

4. Talkative Type - These are witnesses who are prone to exaggerate, adding irrelevant or new
matters to their narration. The skillful investigator could prune the unnecessary matters from the
relevant ones.

5. Honest Witnesses - These are the truthful and cooperative witnesses where the investigator
could rely upon, with little or no problem in handling them.

6. Deceitful Witness - These are the liar type of witnesses. Let them lie and order them to repeat
several times their narration. They will be enmeshed in contradictions. If possible, the lies must
be tape-recorded for the confrontation about their contradiction. Pressure them for possible cases
of perjury or obstruction of justice and they will tell the truth.

7. Timid Witnesses - They are the shy witnesses. The approach must be friendly and reassuring
the confidentiality of their information. They should be hidden from the devouring press by
interviews or photo sessions.

8. Witnesses who refuse to answer- These are the most difficult subjects to deal with. Find out
the reasons for their personality. The cause may be trauma, shock, fear, hatred, and others.
Remove these fetters of silence and they will start talking.

STATEMENT ANALYSIS

This is a new name in Criminal Investigation but not new in actual practice. What is new is the
term. It began in the United States when the woman reported to the police the disappearance of
her children while onboard her parked car. The car also disappeared with the children. The police
for a considerable time scoured the area, interviewed scores of witnesses who claimed to have
seen nothing. A police expert carefully analyzed the videotape recording of the woman who went
to the TV station to appeal for her children. The analysis leads to suspicion and the woman was
placed under exhaustive interrogation where she confessed that she drove the car down the river
because her live-in partner does not like her children from a former marriage. The car, together
with the dead children was subsequently retrieved from the floor of the river.

This is not a new practice in our jurisdiction. Every complaint and testimony of witnesses are
subjected to the crucible of truth, lest the investigator will be the ignorant and unmindful weapon
of deception, frame-up, or incriminatory machination against the innocent. Utmost care must be
exercised before concluding the culpability of the suspect. This is the rule in the Art of Criminal
Investigation and Detection.

COMPLAINTS AND TESTIMONIES BE REDUCED TO WRITING

Complaints and Testimonies shall be reduced into writing in the form of Questions and Answers.
Never use the affidavit form even in the testimonies of apprehending officers. Our Courts frown
upon this affidavit form, especially when there will be a variance between the affidavit and
witness stand account. The Court even went to the extent to what is the truth is the witness-stand
account because the answers in the affidavit were not from the witness but from the police
investigator who prepared the affidavit.

The narration of the witness must be based on the rules of the cognitive interview. All these
complaints and testimonies must be placed under oath before an officer authorized to administer
an oath.

Topic: Interrogation Extra Judicial

Confession and Extra- Judicial
Admission.

Week 567

WHAT IS INTERROGATION?

Interrogation is the vigorous and confrontational questioning of a reluctant suspect about his
participation in a crime. It is confrontational in the sense that the investigator places the guilt on
the accused. This process is also applied to an uncooperative or recalcitrant witness. The purpose
of Interrogation is to obtain confession or admission from the suspect and to learn relevant
information from uncooperative witnesses.

Interrogation is one of the most difficult but most interesting phases of criminal investigation and
detection. It is the confrontational battle of wits between the investigator and the suspect. It is
mental combat where the weapon is intelligence and the use of the art. Victory depends upon the
proper and effective use of the art.

CONFESSION DISTINGUISHED FROM ADMISSION

Confession is the declaration of the accused acknowledging his guilt arising from the
commission of a crime. While admission is an acknowledgment of a fact or circumstance
without accepting guilt. Guilt may be inferred in admission. When an accused confessed to the
commission of a crime, he accepts the facts constituting the offense but if he interposes self-
defense or other exculpatory grounds, then his acknowledgment is not a confession but an
admission.
KINDS OF CONFESSION

1. Extra Judicial Confession-Those made by the suspect during the custodial investigation.
Simply explained is that those confessions are made outside of the Court.

Remember guys that there are two Kinds of Confession and these are Extra-Judicial and
Judicial Confession, under Extra Judicial Confession we have different kinds. Kinds of Extra-
Judicial Confession:

a. Voluntary Extra-judicial Confession- The confession is voluntary when the accused speaks
of his free will and accord, without the inducement of any kind, with complete knowledge of the
nature and the consequence of the confession. And when the speaking is so free form influences
affecting the will of the accused, at the time the confession was made that it renders

it admissible in evidence against him.

b. Involuntary Extra-judicial Confession- Confessions obtained through force, threat,

intimidation, duress, or anything influencing the voluntary act of the confessor.

Important note: Confessions obtained from the defendant employing force or

intimidation/violence is null and void, and cannot be used against him/her in the trial. A
confession made under the influence of spiritual advice or exhortation is not admissible. The
same through as confession made under the influence of paternal sentiment is not admissible as
evidence.

2. Judicial Confession - Those made by the accused in open Court. The plea of guilt maybe
during arraignment or any stage of the proceedings where the accused changes his plea of not
guilty to guilty.

It is conclusive upon the court and may be considered to be a mitigating circumstance to criminal
liability.

A plea of guilty when formally entered on arraignment is sufficient to sustain a conviction of any
offense, even a capital one, without further proof.

Sec. 2, Rule 129, Rules of Court states that "Judicial Admission is made by the party in the
pleadings, or in the course of the trial or other proceedings do not require proof and cannot be
contradicted unless previously shown to have been made through palpable mistake."

CUSTODIAL INTERROGATION OR INVESTIGATION

Custodial interrogation or investigation is the term to denote the investigation conducted by

the investigator on the suspect who is under police custody. This is the stage of the investigation
where there is strict observance of the MIRANDA DOCTRINE.
MIRANDA RIGHTS originated from the American jurisprudence. Mr. Emesto Miranda, a
Latino was accused of kidnapping and rape in the State of Arizona. The Arizona Police leading
to his confession interrogated him exhaustedly. Based on his confession, he was charged, tried,
and convicted. The appeal of his conviction was made before the Arizona Supreme Court but his
conviction was affirmed. The appeal was then elevated to the US Supreme Court where there
was a reversal of the decision and he was acquitted on Constitutional grounds.

It was in this case, entitled Miranda vs. Arizona (Emesto Miranda versus State of Arizona,
USA) that the US Supreme Court laid down the constitutional rights of the accused during the
custodial interrogation. It was incorporated in our 1973 Constitution and later in the 1987
Constitution of the Philippines. This is known as the Miranda Rule, Doctrine, or Warning.

THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION

a. Right to remain silent.

b. Right to counsel of his own choice and if he has none, the government must provide one for
him;
c. Right to be informed of the nature of the charges against him and whatever he says may be
used for or against him.

These rights could be validly waived in writing and with the assistance of Counsel so
that the ensuing confession be admissible in evidence. The confession must also be in writing,
signed and sworn to by the accused

THE TECHNIQUES OF INTERROGATION

a. Emotional Appeal - This is a technique where the investigator, combining his skills of an
actor and a psychologist, addresses the suspect with an emotional appeal to confess. This applies
to first time offenders or those who are of the emotional type of characteristics displayed by
nervousness or emotional disturbances. Devotees of religion may belong to this type.

b. Sympathetic Approach - The investigator, in his preliminary or probing questions, must dig
deep into the past troubles, plight, and unfortunate events in the life of the suspect. An offer of
help, kindness, friendliness, may win his cooperation.

c. Friendliness-A friendly approach coupled with a posture of sincerity may induce the suspect
to confess.

d. Tricks and Bluff Techniques:

(1) The Pretense Of Solid Evidence Against The Accused The Investigator bluffs the - suspect
that even if he will not confess, there is enough evidence to send him to jail. If he will confess,
the investigator will see to it that his prison term will be within the range of probation.
(2) The Weakest Link - Among the suspects, there must be a careful selection of who among
them is the weakest link where the interrogation will begin. By tricks and bluffs, this weakest
link will be told that his companions had already confessed. That this weakest link had dealt the
fatal blow or that he received the lion share of the loot to intrigue him.

(3) Drama - The weakest link may be used to fake pain and agony by ordering him to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is going on. The
other suspects in separate rooms must hear the drama before telling them that their partner had
confessed.

(4) Feigning Contact with Family Members The suspect could be tricked that the - investigator
had gone to the residence and the family members had supplied facts against the suspect. The
suspect's family will be dragged into the investigation if the suspect will not confess.

(5) The Line Up - The complainant, witness, or victim is requested to point positively the suspect
who is among persons in the police line-up. The witnesses victims or complainant are previously
coached about the identity of the suspect.

(6) Reverse Line Up - The suspect is placed among other persons in a line-up and he is identified
by several complainants and witnesses who will associate the suspect in other several crimes.
This will cause the suspect to become desperate and confess only to the case under investigation,
to avoid being charged with false accusations.

e. Stern Approach - The investigator displays a stern (demands immediate response) personality

towards the suspect by using the following methods:

1) Jolting-This is the questioning technique where the investigator selects the right moment to
shout to the subject with a pertinent question in an apparent righteous outrage. With this, the
suspects' nerves may break into a confession.

2) Opportunity to Lie - The suspect is given all the opportunities to lie. The suspect is questioned
about his personal life, family, friends, and his knowledge about the complainant and witnesses.
Then the suspect is questioned about his activity prior, during, and after the commission of the
crime. This is repeated many times, including the investigator focusing his questions on the
knowledge of the suspect of the crime. The suspect will be enmeshed in contradictions, which is
now capitalized by the investigator to get the truth from the suspect. If possible, the interrogation
must be taped recorded for purposes of emphasis during the confrontation of the contradictions.

f. The Mutt and Jeff or Sweet and Sour Method - The first set of investigators must appear to

be rough, mean, and dangerous. When they had finished the interrogation, the second
investigator intervenes by stopping the first set of investigators. By being sympathetic and
understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is a confession.
g. Removing the Ethnic or Cultural Barrier - If the suspect is an Ifugao, an Ifugao investigator
and the same should interrogate him, the same with other ethnic or cultural groups.

It is the Filipino's way of life that we put our trust and confidence in those who belong to

our clan or tribe. The interrogation must be in the language or dialect of the suspect so that we
could get his full confidence. This is removing the language barrier. h.. Searching for the Soft
Spot - In every man's heart, there is always that softest spot. The heart may have been hardened
to steel by poverty, destitution, hopelessness, despair, apathy,

indifference, injustice, hatred,

or other factors, yet there is always that spot that could be discovered by the investigator thru his
knowledge of human behavior. That spots may be the youngest child, the wife, the mother, and
the brother who acted as his father, the grandparents, or the best friend. Once discovered, there
must be a face-to-face meeting with that special person and that heart of steel will melt to pieces.
This technique in not only used during interrogation but also in crisis management in hostage
situations.

ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

These modem techniques are called from the techniques afore-cited. What is new about them

are their names and designations.

1. Rationalization

It is the use of reasons, which are acceptable to the subject that led to the commission of the
crime. Thus, it may be said that sometimes, killing is a necessity rather than by purpose or
design. Robbery may be a necessity to feed a starving family. The application of this

technique depends upon the nature of the crime. 2. Projection-It is the process of blaming other
persons, not alone to the suspect. The murderer may blame the mastermind for corrupting him
with big sums of money, or the mastermind blaming the

greediness of the victim, or the husband blaming the wife for her infidelity. Or that it is a
necessary

evil as the victim is planning to kill the suspect. 3. Minimization - It is the act of minimizing the
culpability of the suspect. The investigator convinces the suspect that a confession will reduce
the offense and the penalty. Thus, the investigator could study if there is a way to downgrade
murder to homicide or the introduction of mitigating circumstances with the result of the penalty
being within the range of probation.
PHYSICAL SIGNS OF DECEPTIONS

The physical signs of telling a lie are not bases on saying that a person is not telling the truth
when

observed from him/her. Nevertheless, the following shall serve as additional situations the
investigator

must have to observe:

1. Excessive Sweating - Profuse sweating indicates tension, anxiety, shock, or fear. Extreme

nervousness is also the cause of sweating. 2. Change of Facial Color - Anger is indicated if the
face is blushed. It is also the result of extreme nervousness or embarrassment. It is necessary a
sign of deception or guilt. A pale face is a reliable indicator of guilt or deception.

3. Dry Mouth - This is a sign of great tension and is a reliable symptom of deception.
Swallowing. constant movement of Adam's apple, and sweating of the lips are indications of
dryness of the mouth.

4. Excessive Breathing - An effort to control breathing during critical questioning is an

indication of deception. The gasping of breath is the ultimate result of the control in breathing.

5. Increase of Pulse Beat-When observed at the sides of the neck, the investigator will discover
the

increase in pulse beat which is indicative of deception.

6. Avoidance of Direct Eye Contact-This may indicate guilt or deception. Misty or teary eyes
indicate remorse or repentance.

Name: Year/Section:
Date: Score: Week #:

Activity 1. Explain at least 2 signs of deception. (10 pts each)

Activity 2. Discuss briefly the Miranda v. Arizona case (15 pts.)

Objectives at the end of this segment, the Special Crime Investigation with
student should be able to: Simulation on Interrogation and Interview.

1. Differentiate informant and Informant CDI 3

2. Identify the different types of Informant
Week 8
Topic: Informant and Informer

THE INFORMANT

The word informant is a general term that refers to any person who gives information to the
police authorities relative to a crime. However, strictly speaking, an informant is any person who
fumishes the police information relevant to a criminal case about the activities of criminals or
syndicates without any monetary consideration. The informant may openly give the information
or offer himself to be a witness.

THE TYPES OF INFORMANTS

1. Anonymous Informant - He maybe an anonymous phone caller, letter-writer, or text sender.

Never tell the informant that the investigator already knows the information. The duty is to
receive the information, not to reveal any other information to the caller about facts already
known.

2. Rival-Elimination Informant- This kind mostly maintains being anonymous. His purpose is to

eliminate the rival person or gang due to competition or other motives such as revenge, etc.

3. False Informant-Usually reveals information of no consequence, value, or stuff connected with

thin air. His purpose is to appear to be on the side of the law and for throwing out the suspicion
from himself or his gang or associates.

4. Frightened Informant-He is prodded by fear or self-interest in giving information to the police.

He may be one of the lesser gang members who run to the police when his gang mates are about
to be involved in dangerous situations or when the gang he belongs to is hot on the police trail.
He is motivated by anxiety and self-preservation of his well-being and will furnish the
information to protect himself and as a means in sustaining his feeling of self-importance. This
type is the weakest link in the composition of the criminal chain.

5. Self-Aggrandizing Informant - This kind of informant moves around the centers of criminals,
group, or syndicate and delights in surprising the police about bits of information. His
information may be of value by way of authentication in an intelligence operation.

6. Confidential Informant - is a person who provides the police with confidential information
concerning a past crime or a projected and planned crime. He does not want to be identified as
the source of information. Under the law, these informants are protected and their identity could
not be revealed by the police even under the order of the court unless on an exceptional case
where there is a claim of the defense that the informant framed up the accused.
7. Mercenary Informant- The informant has information for sale. He may have been victimized
in a double-cross or little share in the loot or given a dirty deal and seeks revenge as well as
profit in his disclosure.

8. Double-Crosser Informant- He uses his seeming desire to divulge information as an excuse to

talk o the police to get more information from them more than he gives. To counter this kind of
informant, the police apply the deception method by giving him false information that will lead
to his capture.

9. Women Informant- She may be the female associate of the criminals, who was roughed up.
marginalized in the deal, or being eased out from the group. Care must be given to this kind of
informant because women, given the skills and expertise, are more dangerous than men. They
often give free romance that will result in blackmailing the investigator or will result in an
extended family for support.

MOTIVES OF INFORMANTS

a. Vanity-The motive is for self-aggrandizement by gaining favorable attention and importance

by police.

b. Civic Mindedness - Those imbued with the sense of duty and obligation to assist the police in
their task.

c. Fear-It is the engendered illusion of oppression from enemies or impending dangers.

d. Repentance-Those lesser criminals such as accomplices or accessories who will have a change
in heart to unburden their conscience.

An informer is a person who provides information to the police regularly. They are either paid
regularly or on a case-to-case basis or none at all. They are cultivated and established by the
police on a more or less permanent character and as long as they are loyal and useful to the
police

organization.

SELECTION OF INFORMERS

There is no hard and fixed rule in the selection of informers. This is addressed to the sound
discretion of the investigator. The informer maybe to a fixed period of assignment or on a case-
to- case basis.

The informer must be indoctrinated that they are not immune from arrest and prosecution if they
commit crimes. They should not bring shame and dishonor to the police service. When they will
commit crimes, they should be punished like the rest.
SELECTION OF INFORMERS

There is no hard and fixed rule in the selection of informers. This is addressed to the sound
discretion of the investigator. The informer maybe to a fixed period of assignment or on a case-
to- case basis.

The informer must be indoctrinated that they are not immune from arrest and prosecution if
they commit crimes. They should not bring shame and dishonor to the police service. When they
will commit crimes, they should be punished like the rest. All the sectors of the society must be
covered, and their composition included but not limited to taxi drivers, jeepney and bus drivers,
vendors, conductors, waiters, dancers, ex-convicts, shady or underworld characters, hostesses,
bankers, security guards, businessmen, prostitutes, the elite in society and others. They should be
planted as moles or stole pigeons practically in all the corners of the social order.

CRITICAL AREAS IN THE DEPLOYMENT OF INFORMERS

a. Places that are considered crime-prone area

b. Places which are frequented by people such as a church, market, malls, etc.;
c. Within the ranks of criminal gangs or syndicates;
d. Associates, friends, and relatives of criminals;
e. Places of hang-outs of criminals such as night clubs, bars, hotels, billiard halls, etc;
f. Slums and residential places where criminals have their contacts.
g. Any detention center where associates of the subject are incarcerated. An arrangement should
be made for the administration of the jail/ prison institution.
h. Places where criminals dispose of their loots after committing a crime.

Name:
Year/Section:
Date:

Activity 1. Essay

1. Give an example of informant and informer. (10 pts.)

2. Do you think women are effective in gathering information? Explain your answer and
give examples. (10 Pts.)

3.Aside from what is mentioned previously, what are the other reasons why a person gives
information? Give and explain at least 5. (2 points each)
 Objectives: at the of this segment, the student Special Crime Investigation with
should be able to: Simulation on Interrogation and Interview.

1. Know the different crimes related to CDI 3

persons such as; murder, homicide,
parricide. Week 9/10/11

Special Crime Investigation with Simulation

on Interrogation and Interview.

2. Familiarized the essential elements of

crimes related to persons such as; murder,
homicide, parricide.
3. Understand the imposable penalty to the
different crimes related to persons such as
murder, homicide, parricide.

4. Identify the person liable to different

crimes related to persons
such as; murder, homicide, parricide.

Topic: Specialized Crime Against Person

The term "crimes against the person" refers to a broad array of criminal offenses which

Introduction

usually involve bodily harm, the threat of bodily harm, or other actions committed against the
will of an individual. Those involving bodily harm (or the threat thereof) include assault, battery,
and domestic violence. Additionally. Offenses such as harassment, kidnapping, and stalking also
are considered crimes against the person.

Murder. Any person who, not falling within the provisions of Art 246, shall kill another, shall be

guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if

committed with any of the following attendant circumstances: Art 248 RPC

1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense, or of means or persons to insure or afford impunity:

2. In consideration of price, reward, or promise;

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment
of or assault upon a street car or locomotive, fall of an airship, by means of

motor vehicles, or with the use of any other means involving great waste and ruin; 4. On
occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any other public calamity.

5. With evident premeditation:

6. With cruelty,by deliberately and inhumanly augmenting the suffering of the victim, outraging
or scoffing at his person or corpse.

Elements of Murder

1. That a person was killed.

2. That the accused killed him.

3. That the killing was attended by any of the qualifying circumstances mentioned in Art 248
RPC

3. That the killing is not parricide or infanticide.

Art. 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with
any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car
or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and
ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his
person or corpse.

ARTICLE 249. Homicide. — Any person who, not falling within the provisions of article
246, shall kill another without the attendance of any of the circumstances enumerated in
the next preceding article, shall be deemed guilty of homicide and be punished by
reclusion temporal.

Elements of Homicide:

1. That the person was killed;

2. That the accused killed him without any justifying circumstance;
3. That the accused had the intention to kill, which is presumed;
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that
parricide of infanticide.

In all crimes against person in which the death of the victim is an element of the
offense, there must be satisfactory evidence of (1) the fact of death (2) the identity of the victim.
Thus, when the body of the supposed victim who was unknown, could not be located on the bank
of the river, the place indicated by the witness, and there was a possibility that the victim might
have been borne away by the current and might have survived, the fact of death is not
sufficiently established. (U.S. vs. Samarin, 1 Phil. 239)

But if the victim is known and could not have been survived, because the evidence shows that his
arms and legs had been tied with a rope and thereafter he had been struck on the head with a
piece of wood, before he was thrown into the sea, even if his body was never Found, the corpus
delicti was established.

Parricide-any person who shall kill his father, mother, legitimate, or illegitimate, or any of or
child, whether his ascendants or descendants, or his spouse shall be guilty or parricide and shall
be punished by the penalty ranging from reclusion perpetua to death Art 246 RPC (As Amended
by R.A. 7659.)

Elements of Parricide

1. That a person is killed.

2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendants or other descendant, of the legitimate spouse, of the accused

Essential Elements of Parricide

Relationship of the offender with victim is the essential clement of this crime.

Cases of parricide when the penalty shall not be reclusion perpetua to death:

1. Parricide through negligence (Art 365)

3. Parricide by mistake (Art 249)

4. Parricide under exceptional circumstances (Art 247) 3. If he shall inflict upon them physical
injuries of any other kind, he shall be exempt from punishment These rules shall be applicable,
under the same circumstances, to parents with respect to their daughters under eighteen years of
age, and their seducers, while the daughters are living with their parents. (Art 247 RPC)

Any person who shall promote or facilitate the prostitution of his wife or daughters, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits
of this article. (Art 247 RPC)

Requisites for the Applications of Art 247 RPC? 1. That the legally married person or a parent
surprises his spouses or his daughter, the later

under 18 years of age and living with him, in the act of committing sexual intercourse with
another person.

2. That he or she kills any or both, of them or inflict upon any or both of them any serious

physical injury in the act or immediately thereafter. \

3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or
she has not consented to the infidelity of the spouse.

Penalty for Frustrated Parricide, Murder, or Homicide The courts, in view of the facts of the
case, may impose upon the person guilty of the frustrated crime of parricide, murder, or
homicide, defined and penalized in the proceeding articles, penalty lower by one degree than that
which

should be imposed under the provisions of (Art250 RPC) The courts, considering the facts of the
case, may likewise reduce by one degree the penalty which under art 51RPC should be imposed
for an attempt to commit any of such crimes.

Death Caused in a Tumultuous Affray-When while several persons, not composing groups

organized for the common purpose of assaulting and attacking each other reciprocally, quarrel
and assault each other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed and deceased, but the person
or persons who inflicted, such person or persons shall be punished by prison mayor. (Par 1 Art
251 RPC). Penalty for Frustrated Parricide, Murder, or Homicide - The courts, in view of the
facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder,
or homicide, defined and penalized in the proceeding articles, penalty lower by one degree than
that which should be imposed under the provisions of (Art250 RPC)

The courts, considering the facts of the case, may likewise reduce by one degree the penalty
which under art 51RPC should be imposed for an attempt to commit any of such crimes.

Death Caused in a Tumultuous Affray-When while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally, quarrel
and assault each other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed and deceased, but the person
or persons who inflicted, such person or persons shall be punished by prison mayor. (Par 1 Art
251 RPC).

Elements

1. That there be several persons.

2. That they did not compose groups organized for common purpose of assaulting and attacking
each other reciprocally.

3. That these several persons quarreled and assaulted one another in tumultuous manner
4. That someone was killed in the course of affray.

5. That it cannot be ascertained who actually killed deceased.

6. That the person or persons who inflicted serious physical injuries or who use violence can be
identified.

Take Note that If a person cannot be determined who inflicted the serious physical injuries on
the deceased, the penalty of prison correctional in its medium and maximum periods. Shall be
imposed upon all those who shall have used violence upon the person of the victim. (Par 2 Art
251 RPC)

Giving Assistance to Suicide - Any person who shall assist another to commit suicide shall suffer
the penalty of prison mayor, If such person lends his assistance to another to the extent of doing
the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is
not consummated, the penalty of arresto mayor in its medium and maximum periods shall be
imposed. (Art 253 RPC)

Acts punishable as giving assistance to suicide

1. By assisting another to commit suicide, whether the suicide is consummated or not.

2. By lending his assistance to another to commit suicide to the extent of doing the killing
himself.
Assistance to suicide is different from mercy - killing Euthanasia-commonly known as mercy-
killing is the practice of painlessly putting to death a person suffering from one incurable
decease. Euthanasia is not lending assistance to suicide. In euthanasia, the person killed does not
want to die. A doctor who resorts to mercy-killing of his patient may liable for murder (Art 248
RPC)

Name:

Date:

Year/Section:

Score:

Week #:

Activity 1.
Multiple Choice: Choose the best answer. Write the letter on the space provided. If all

the options do not fit the statements, write the correct answer on the blank. (2 Points each)

1. This is the unlawful killing of any person which is not parricide or infanticide.

a. Murder

b. Homicide

c. Infanticide

d. Parricide

2. It is the death of a person brought about by a lawful act performed with proper care and
skill and without homicidal intent.

a. accidental homicide b. Homicide c. Infanticide

d. Parricidal

3. It is the practice of painlessly putting to death a person suffering from an incurable

decease.

a. Euthanasia

b. Parricide
c. Homicide

d. Murder

4.Juan killed his father. This is an example of?

a. Infanticide

b. Parricide c. Murder

d. Abortion

5. This refers to a broad array of criminal offenses which usually involve bodily harm,

the treat of bodily harm, or other actions committed against the will of an individual.

a Violence
b. Crimes

c. Crimes against Person

d. All of the above

Activity 2.

Is murder differentiate from Homicide? Explain your answer. (15 Pts.)

Based on your UNDERSTANDING from the definition of homicide and murder. Write
scene that illustrates homicide and murder. (No copying from the internet) (10 pts. each)

Objectives: at the end of this segment the student should be able to:

1. Know the different crimes related to persons such as; infanticide, mutilation, and rape.

2. Familiarize each essential element of the above-mentioned Special Crime Investigation with
3.Understand the imposable penalties of each crime.
4. Identify the person liable for each different crimes.
Simulation on Interrogation and Interview.
CDI 3
Week 12

Infanticide - The penalty providing for parricide in art 248 shall be imposed upon any person
who shall kill any child less than 3 days of age. (Art 255 RPC).

Topic: Infanticide, mutilation, and rape.

If the crime penalized in this article be committed by the mother of the child to conceal her
dishonor, shall suffer the penalty of prison mayor in its maximum periods, and if a said crime be
committed for the same purpose by the maternal grandparents or either of them, the penalty shall
be reclusion temporal (As Amended RA No. 7659

Elements of Infanticide

1. That the child was killed

2. This is the killing of any child less than 3 days (72 hours) of age, whether the killer is the
parent or

grandparent, or any other relative of the child, or a stranger 3. That the accused killed the said
child Infanticide (Define) as the killing of any child less than three days old of age, whether the
killer is the parent or grandparent, any other relative of the child, or stranger.

What are the elements of Infanticide?

Ways of Committing Intentional Abortion

1. By using violence upon the person of the pregnant woman

2. By acting, but without using violence, without the consent of the woman (by administering
drugs/ beverages upon a pregnant without her consent)

3. By acting, with the consent of the pregnant woman (by administering drugs/beverages) with
the consent of the pregnant woman.

Elements of Intentional Abortion

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman;

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the
accused, fetus dies, either in the womb or after having been expelled therefrom:
4. That the abortion is intended.

Unintentional Abortion- the penalty shall be prison correctional in its minimum and medium
periods shall be imposed upon any person who shall cause an abortion by violence, but
unintentionally. (Art 257 RPC)

Elements Unintentional Abortion

1. That there is a pregnant woman;

2. That the violence is used upon such pregnant woman without intending an abortion. 3. That
the violence is intentionally exerted

4. That as a result of the violence the fetus dies, either in the womb after having been expelled
therefrom. Unintentional Abortion is committed only by violence

It should be noted that the law employs the word "violence" which is physical force. Thus, where
a man points a gun to a pregnant woman, at the same time telling her that he will kill her, and
because of the fight she absorbs, she suffers abortion, the offender is guilty of threats only. (Dec.
Supreme Court of Spain of Nov. 30, 1887)

The Violence must be intentionally exerted

The accused who struck a woman three months pregnant on her hip with a bottle, causing
hemorrhage and miscarriage was held guilty of intentional abortion. (U.S. vs. Jeffrey, 15 Phil.
391) Note that the violence consisting of striking the pregnant woman with a bottle on the hip
was intentionally exerted by the accused.

Physical Injury

Physical Injury-Harm is done to a child's psychological or intellectual functioning which may be

exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a
combination of said behaviors which may be demonstrated by a change in behavior, emotional
response or cognition:

What is the crime of Physical Injuries?

They are;

1. Mutilation (Art 262)2. Serious Physical Injuries (Art 263)

2. Administering injurious substance or beverages (Art 264

3. Less serious physical injuries (Art 265)
4. Slight physical injuries and maltreatment (Art. 266)

Mutilation the penalty of reclusion temporal or reclusion Perpetua shall be imposed upon any
person who shall intentionally mutilate another by depriving him, either totally or partially, of
some essential organ for reproductive. (Art. 262)

Mutilation (defined) the term "mutilation" means the lopping or the clipping off of some part of
the body.

The putting out of an eye does not fall under this definition. Thus, when a robber stabbed a
woman in one eye, and as a result of the wound thus inflicted she lost the use of the eye, there is
no mutilation (the U.S. vs. Bogel, 7 Phil. 285)

Two kinds of Mutilation

1. By intentionally mutilating another by depriving him, totally or partially, of some essential

organ for reproduction.
2. By intentionally making other mutilation, that is by lopping or clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to deprive him of that
part of his body.

Elements of mutilation of the first kind

1. That there be a castration that is, mutilation of organs necessary for the generation, such as the
penis or ovarian. 2. That the mutilation is caused purposely and deliberately, that is, to deprive
the offended party of some essential organ for reproduction. (Guevarra)

Rape- When and how committed; Rape is committed (Art 266-A)

1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances

a. Through force, threat, or intimidation; b. When the offended party is deprived of reason or is
otherwise unconscious;

c. Through fraudulent machination or grave abuse of authority d. When the offended party is
under (12) years of age or is demented, even though none of the

circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting a penis into another person's mouth or anal orifice,
or any instrument or object, into the genital organ or anal orifice of another person. (R.A. No.
8353, Oc

Elements of Rape under Paragraph 1

1. That the offender is a man;

2. That the offender had carnal knowledge of woman;

3. That such act is accomplished under any of the following circumstances

a. Through force, threat or intimidation; or b. When the woman is deprived of reason or is

otherwise unconscious, or

c. Employing fraudulent machination grave abuse of authority, or d. When the offended party is
under (12) years of age or is demented, even though none of the circumstances mentioned above
be present.

Elements of Rape under Paragraph 2

1. That the offender commits an act of sexual assault, 2. That the act of sexual assault is
committed by any of the following means:

a. By inserting his penis into another person's mouth or anal orifice, or

b. By inserting any instrument or object into the genital or anal orifice of another person:

3. That the act of sexual assault is accomplished under any of the following circumstances:

a. By using for or intimidation; or

b. When the offended party is deprived of reason or is otherwise unconscious: or c. Through

fraudulent machination or grave abuse of authority, or d. When the offended party is under (12)
years of age or is demented, even though none of

the circumstances mentioned above be present.

Penalties (Art 266-8) Rape under paragraph 1 of Art 266-A shall be punished by reclusion
Perpetua

a. Whenever the rape is committed with the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion Perpetua to death. b. When by reason or on the occasion of the
rape, the victim has become insane, the penalty shall be reclusion Perpetua to death. c. When
rape is attempted and a homicide is committed by reason or on the occasion thereof. The penalty
shall be reclusion Perpetua to death d. When by reason or on the occasion of the rape, homicide
is committed the penalty shall be a death. The death penalty shall be imposed if the crime of rape
is committed with any of the following aggravating/qualifying circumstances:

1. When the victim is under eighteen (18) years of age and the offender is parent, ascendant,
step-parent, guardian, a relative by consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim.

2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.

3. When the rape is committed in the full view of the spouse, parent, any of the children, or other
relatives within the third civil degree of consanguinity.

4. When a victim is religious engaged in a legitimate religious vocation or calling and is

personally known to be such by the offender before or at the time of the commission of the
crime. 5. When the victim is a child below seven (7) years old.

6. When the offender knows bellows that he is afflicted with Human Immuno- Deficiency Virus
(HIV)Acquired Immune Deficiency transmissible decease and the virus of decease is
transmissible
to the victim.

7. When committed by any member of the Armed Forces of the Philippines or Para-Military
units thereof or the Philippine National Police or any Law Enforcement Agency of a penal
institution, when the offender took advantage of his position to facilitate the commission of a
crime.
8. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability.

9. When the offender knew of the pregnancy of the offended party at the time of the commission
of a crime. 10. When the offender knew of the mental disability, emotional disorder, and/or
physical handicap of the offended party at the time of the commission of the crime.

Rape under paragraph 2 of Art 266-A shall be punished by prison mayor.

a. Whenever rape is committed with the use of a deadly weapon or by two or more persons, the
penalty shall be prison mayor to reclusion temporal.
b. When rape is attempted and a homicide is committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion perpetua.
c. When by reason or on the occasion of the rape, homicide is committed, the penalty shall
reclusionPerpetua d. Reclusion temporal shall also be imposed if the rape is committed by any of
the ten aggravating circumstances mentioned in this article (RA No.8353)

Effect of Pardon (Art 266-C) the subsequent valid marriage between the offender and the
offended party shall extinguish criminal action or the penalty imposed. In case the legal husband
is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish
criminal action or the penalty: provided, that crime shall not be extinguished or the penalty shall
not be abated if the marriage is void abinitio (RA No.8353).

Presumptions (Art 266-D) Any physical overt act manifesting resistance against the act of rape in
any degree from the offended party, or where the offended party is so situated as to render
her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the
acts punished under article Art 266 A (RA No.8353)

Name:

Year/Section:

Date:

Score: Week #:

Activity 1. ESSAY:

Give an example of abortion by administering abortion. (10 pts.)

Who is the person liable for intentional abortion? Indicate your reference/s (10 pts.) Who
can commit Rape? (Indicate your references) 10 pts.

Special Crime Investigation with Simulation on Interrogation and Interview.

CDI 3

Week # 13/14

Objectives: at the end of this segment the student should be able to:

1. Understand the different crimes related to property, such as Robbery, theft, malicious
mischief, etc.
2. Familiarized with the elements of different crimes related to

property, such as robbery, theft malicious mischief

3. Understand the imposable penalty for different crimes

Topic: Specialized Crimes Related to Property (Robbery, theft, Malicious mischief

related to property such as; Robbery, Theft, malicious Mischief. 4. Identify the person liable for
different crimes related to the person such as; robbery, theft, malicious mischief.

Introduction

Crimes against property are any criminal act that destroys another's property, or that deprives an
owner of the property against the owner's will. The criminal law generally considers these crimes
less serious than violent crimes, or crimes against persons, but they can still constitute very
serious felony charges.

Arson and vandalism are examples of crimes that destroy another's property. Examples of crimes
that unwittingly deprive an owner of the property are far more abundant, including larceny.
embezzlement, goods, extortion (blackmail), robbery la combination of violent crime and crime
against receiving Property), burglary, and industrial espionage, to name just a few. There is also
a wide range of crimes that fall under the domain of intellectual property law, and the occurrence
of these is rising sharply as information becomes a stronger and stronger motive force in the
economies of the developed and developing world.

In early British common law, there was only one kind of crime against property, larceny. There
was also only one punishment for larceny in those times: death. As time went on and judges
became more and more reluctant to execute people for pick-pocketing and petty theft, many
crimes that bore striking resemblance to larceny were classified as something else so that the
death penalty could be avoided. In the United States today, where life and liberty are
categorically valued above property, no crime against property is considered serious enough to
warrant the death penalty.

In the Philippine context, special crime investigation is the study that concentrates more on
physical evidence, its collection, handling identification, and preservation, in coordination with
the crime laboratory. Special crime investigation involves a close relationship between the
prober in the field and the crime laboratory technician. They work together as a team reacting to
and extending ane another's theories and findings both working patiently and thoroughly to solve
a crime from their investigative discoveries. In the present criminal justice system in our country,
the court relies more on physical evidence rather than extrajudicial confession.

Crimes against property are crimes of theft, where no force or threat of force is directed against
an individual. It includes:

Robbery is the taking of personal property belonging to another, with intent to gain, employing
violence against or, intimidation of any person, or use of force upon things.

Classification of Robbery
1. Robbery with violence against, or intimidation of persons (294,297,298) 2. Robbery by use of
force upon things (2998 302)

Elements of Robbery in General

1. That there be personal property belonging to another;

2. That there is the unlawful taking of that property
3. That the taking must be with the intent to gain
4. That there is violence against or intimidation of any person/ or force used upon things

Violence or intimidation must be present before the taking of personal property is complete
Republic Act 6539 is the law applicable when the property taken in a robbery is a motor vehicle

Personal Property

The property taken must be personal property, for it, real property is occupied or real right is
usurped employing violence against or intimidation of person, the crime is usurpation (art.312)
Taking of personal property must be unlawful

The "unlawful taking" of personal property is an essential part of the crime of robbery, and
where the taking was lawful and the unlawful misappropriation was after such taking, the crime
is estafa or malversation (the US vs. Atienza, 2 Phil. 242. Hence, if the agents of the authorities,
in the beginning, lawfully seized the forbidden article and conceived the idea of misappropriating
it only after it comes into their possession, then the crime would be estafa. (US vs. Lim, 28 Phil.
404)

The unlawful taking, when complete

1. As to robbery with violence against intimidation of persons.

From the moment the offender gains possession of the thing, even if the culprit has had no
opportunity to dispose of the same, the unlawful taking is complete. The fact that the defendant
in his flight threw away the property stolen or that it fell without his knowledge, does not affect
the nature of the crime.

Defendant saw his victim put money into his coat jacket. The next day defendant held up and
deprived him of the coat, but finding the money was not there. The defendant threw away the
coat. Held: guilty of robbery of the coat, the offense has been complete when the defendant
forcibly deprived him thereof. (Brown vs. State, 61 Tex. Cr. 334, 136 SW 265)

2. Robbery with force upon things.

When the culprit had already broken the floor of the bodega, had entered it, and had removed
one sack of sugar from the pile, but was caught in the act of taking out the sack of sugar through
the opening on the floor, it was frustrated robbery only. (People vs. De Rosario, C.A.46 O.G.
4332 Intent to gain is presumed from the unlawful taking of personal property. The intent to
gain, being Intent to gain an internal act, cannot be established by direct evidence, except in the
case of confession by the accused. It must, therefore, be deduced from the circumstances
surrounding the commission of the offense. As a general rule, however, the unlawful taking of
personal property belonging to another involves an intent to gain on the part of the offender.
(People vs. Sia Teb Ban, 5.4 Phi. 52) Note: It would seem that in this kind of robbery, the thing
must be taken out of the building to commensurate the crime.

Taking as an element of robbery means depriving the offended party of ownership of the thing
taken with the character of permanency.

The taking of personal property belonging to another should not be under claim of ownership.
One who takes personal property openly and avowedly under a claim of title proffered in good
faith is not guilty of robbery even though the claim of ownership is untenable. (U.S.vs. Manluco,
et al, 28 Phil 360) The absence of intent to gain will make the taking of personal property grave
coercion if there is violence used (An: 286 RPC)

Violence or intimidation, as an element of robbery

The violence must be against the person of the offended party, not upon the thing taken.
Theft, not robbery, was committed in a case where the accused cut with the bolo the string trying
to open a sack containing palay and then took the palay. (People vs. Adame C.A. 400 G Supp.
12,41)

The reason for this ruling is that Art. 293 states that the taking of any personal property
belonging to another must be among other means, employing violence against a person xxx any
person.

Highway Robbery -The seizure of any person for ransom, extortion, or other unlawful purposes,
or the taking away of the property of another employing violence against or intimidation of
person or force upon a thing or other unlawful means, committed by any person on any
Philippine Highway.

Theft is likewise committed by

1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities

or its owner,

2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or objects of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm products.

Elements

1 That there be taking of personal property: 2. That said property belongs to another;

3. That the taking be done with intent to gain;

4. That the taking be done without the consent of the owner, 5. That the taking is accomplished
without the use of violence against or intimidation of persons or force upon things.

What distinguishes Theft from Robbery is that in theft the offender does not use violence or
intimidation or does not enter a house or building through any of the means specified in Art. 299
or Art. 302 in taking personal property of another with intent to gain.

Presidential Decree 581-punishes "High grading" or Theft of Gold.

Presidential Decree 401-punishes the use of tampered water or electrical, meters to steal water or
electricity. Meaning of "taking "in theft

In theft taking, taking away, or carrying away the personal property of another is not required as
in larceny in the common law. (People vs. Mercado, 65 Phil. 665). The theft was consummated
when the culprits were able to take possession of the thing taken by them. It is not an
indispensable element of the thief's carry, more or less far away, the thing takes by him from its
owner. (People us. Jaranella, 55 SCRA. 563)

Robbery and theft compared. For robbery to exist, it necessary that there should be taken against
the will of the owner; and for theft, it suffices that the consent on the part of the owner is lacking.
(People vs. Chan Wat 49 Phil. 116)

Qualified Theft

The crime of theft shall be punished by the penalties next higher by two degrees than those
respectively specified in the next proceeding articles, if committed by domestic servants or with
grave abuse of confidence, or if the property stolen is motor vehicle mail matter or large cattle or
consist of coconut taken from the premises of the plantation or fish taken from a fishpond or
fishery. or if the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident or civil disturbance. Art. 310 RPC (As Amended by
R.A. No. 120 and B.P. Blg.71, May 1, 1980)

Person liable for the crime of theft 1. If theft is committed by a domestic servant

2. If committed with grave abuse of confidence

4. If the property was stolen is a motor vehicle, mail matter, or large cattle
5. If the property has stolen consists of coconuts taken from the premises of the plantation

5. The property stolen is fish taken from a fishpond or fishery 6. If the property is taken on the
occasion of a fire, Earthquake, typhoon, volcanic eruption, or any other calamity, vehicular
accident, or civil disturbance

Malicious Mischief

Malicious Mischief (defined) is the unlawful damaging of another's property for the sake of
causing damage due to hate, revenge, or other evil motives. (Art 237 RPC) What are the crimes
classified as malicious mischief

They are:

1. Special Cases of Malicious Mischief. (Art 238 RPC)

2. Other Mischief (Art 239 RPC)

3. Damage and obstruction to means of communication (Art 330 RPC) 4. Destroying or

damaging statutes, public monuments, or paintings (Art 331 RPC)

Elements of Malicious Mischief

1. That the offender deliberately causes damage to the property of another.

2. That such act does not constitute arson or other crimes involving destruction.
3. That the act of damaging another's property be committed merely for the sake of damaging it.

Name:

Date:

Score:

Year/Section:

Week #:

Activity 1. Essay (10 pts. Each)

1. Who are guilty of robbery? 10 pts. each

2. Who are liable for theft

Activity 2. Research at least 2 crimes against properties and answer the following questions
(10 pts. each)

1. What are the elements?

2. Who are liable? 3. What is/are the penalties?

Objectives: at the of this segment, the student should be able to:

1. Know the meaning of evidence and understand the different types of

evidence;
2. Learn the purpose of physical evidence as to the admissibility

evidence;

3. Explain the necessity of presentation of object evidence in court;

4. Understand the requirements for admissibility of evidence;

5. Know the concept of standard reference files and collections;

Topic: Evidence, Physical Evidence.

Special Crime Investigation with Simulation on Interrogation and Interview

CDI 3
Week 15
Evidence

Evidence is the means of sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact. Rule 128 Rules of Court. It is also defined as what is legally
submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of
fact under investigation before it. Furthermore, anything which a suspect leaves at a crime scene
or takes from the scene, or which may be otherwise connected with the crime.

Evidence can be anything that tends to prove or disprove an issue in question. It is how any
alleged matter of fact is proved or disproved. It includes all matters, except comment or
argument, legally submitted to a court to enable it to decide the question before it.

Two Types of Evidence

a. Testimonial Evidence is provided in the form of a statement or testimony provided under

oath. Testimonial evidence is usually subject to questioning and additional clarification.
b. Physical evidence is any type of evidence having objective existence, that is, any dimension,
size, or shape. Physical evidence can take almost any form and can be as minute as a
microscopic fiber in a rape case, or the odor of a flammable liquid at the scene of a fire, or as
large as an automobile involved in a hit and run accident. For this lesson, we will be
concentrating on physical evidence.

1. To prove that a crime has been committed, or establish key elements of the crime. Example:
Fire investigators might collect pieces of carpeting at the scene of a house fire and have it tested
for the presence of flammable liquids. If such a substance was present inside the home, such
physical evidence could be used to prove that the fire was deliberately set. This would establish
one of the elements of arson.

2. To link a suspect to the victim or the crime scene. Example: The suspect in a burglary might
be apprehended shortly after the crime and subjected to the seizure of his clothing. A laboratory
examination of the clothing could reveal hairs identical to those of the victim or pets in the home,
of even carpet fibers originating from the scene of the crime.

3. To establish the identity of persons associated with a crime. Example: A serial rape suspect
may be subjected to DNA testing and be positively linked to some or all of the rapes.

Physical evidence is any object that can establish that a crime has been committed or can provide
a link between a crime and its victim or perpetrator. The purpose of physical evidence aids in the
solution of a case, provides an element of the crime, such as fear or force, and proves a theory in
the case. Physical evidence will either prove or disprove statements of what may or may not have
happened.

Physical evidence also places the suspect in contact with a victim or victims, establish
identification persons involved, can exonerate the innocent, corroborate testimony, and of course
can help aid during interviews and interrogations. Physical evidence is usually identified, such as
controlled substance, or compiled. In the comparison of shattered glass found a different
location.

4. To exonerate the innocent. Example: A store clerk claimed that she was sexually assaulted by
her store manager after closing. She tells the authorities that she was drugged, passed out, and
then awoke to discover that she had been sexually abused. When the police analyzed her urine
the results did not indicate the presence of any type of drugs. When later confronted, she
confessed that she had made up the story to get back at her boss for his mean behavior towards
her.

5. To corroborate the victim's testimony. Example: A suspect in a serious assault case was
positively identified by the victim as the perpetrator. During the attack, the victim was severely
beaten and forced to kiss the suspect's feet and beg for mercy. When the suspect has arrested
minute traces of the victim's blood were later identified on his shoes, thereby corroborating his
testimony.

6. To induce a suspect to make admissions, or even confess. Example: A suspect in a murder was
told that his particular brand of cigarette had been discovered at the scene of the murder, along
with his saliva, identified through DNA testing. The suspect had steadfastly denied ever being at
the victim's home. Faced with this convincing physical evidence, the suspect immediately
changed his alibi and admitted that he had been at the suspect's home before the murder.

7. Negative evidence can help provide proof. Example: A homeowner submits a large claim to
the insurance company for a burglary. In the claim, the homeowner asks for reimbursement for
various jewels, electronics, and other high priced belongings. When confronted with the obvious
lack of forced entry and no receipts, the homeowner confesses to the fraudulent scheme.

8. Physical evidence can be more reliable than eyewitness testimony. Physical evidence speaks
fo itself. It doesn't forget or become flustered on the stand. Eyewitnesses often see things
differently and seldom do two witnesses provide identical observations. Frequently, witnesses
will fllin gapson their testimony when they didn't see everything. Additionally, with time and
under cross-examination witnesses sometimes freeze and fail to provide the testimony they
previously offered. This never happens with physical evidence.

Rules of Admissibility

While Rule 128 of the Rules of Court declared the two general requirements for admissibility of
evidence, Rule 130 spells out the particular requirements so that certain kinds of materials be
admitted as evidence.

a. Sources of Knowledge or Evidence

1. Those derived from the testimony of people whether oral or written

2. Those obtained from circumstances

3. Those obtained through the use of the senses a. These are the coverage of Section 1 and are
presently referred to as "Object

Evidence Formerly they were referred to as "autoptic or demonstrative evidence"

b. They occupy the highest level because nothing is more certain than the Ievidence of our sense.
"Physical evidence is a mute but eloquent manifestation of truth and rates highly in the hierarchy
of trustworthy evidence

Objects as Evidence

Object as evidence are those addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined, or viewed by the court. (See Rule 130). The
definition covers any material that may be seen, heard, smelled, felt, or touched. They are the
"sensual evidence" and are grouped into:

a. Those exhibited to the Court or observed by it during the trial; 1. The weapons used, the
articles recovered or seized as subjects of an offense, the

effects of the crime, clothing apparels. 2. The wound or scars in the body in physical injury
cases.

3. Inspection of the body of the accused and his appearance to determine his body built,
physique, height, racial characteristics, and similarities with another, in paternity suits.

4. Observations as to the demeanor of witnesses 5. Re-enactment or demonstrations of actions.

b. Those which consists of the results of inspections of things or places conducted by the court
(ocular inspections) outside the court.

1. The observations made by the parties are duly recorded, pictures and other representations
may be made measurements such as sketches and 2. Examples: inspection of the crime scene,
disputed boundaries; objects which cannot be brought to court.

c. Those which consists of the results of experiments, tests, or demonstrations, which may be
scientific tests/experiments, or practical tests/demonstrations provided the conduct of
experiments/tests is subject to the discretion of the court.

1. Forensics or Microanalysis the application of scientific principles to answer questions of

interest in the legal system. Applied most often in the examination of Trace Evidence to solve
crimes based on the Principle of Contact.

a. Trace Evidence-evidence found at a crime scene in small but measurable amounts

such as hairs, fibers, soils, botanical materials, explosive residue. b. Principle of Contact: every
person who is physically involved in a crime leaves some minute trace of his/her presence in the
crime scene or the victim and often takes something

away from the crime scene and/ or victim

Requirements for Admissibility

a. Inherent Requirements: Proof of 1. Relevancy and

b. Competency b. Procedural Requirement: Proof of Authentication.

3. Important component elements of the process of Authentication:

a. Proof of Identity: Through the testimony of a witness as to objects which are readily
identifiable by sight provided there is a basis for the identification by the witness which may
either be:

i. the markings placed by the witness upon the object, such as his initials, his

pictures in the digital camera, or ii. By the peculiar characteristics of the object i.e. by certain
physical features that

set it apart from others of the same kind or class by which it is readily identified. Examples: a
hole caused by burning in a sweater, the broken hilt of a knife

b. Proof of Identity and Integrity: By proving that there was no break in the Chain-of-Custody in
the event the object passed into the possession of different persons. This means proving the
chronological sequence through which the object was handled only by persons who, because of
their function or office, can reasonably be expected to have the right or duty to possess or handle
the object. This is done by calling each of these persons to explain how and why he came into the
possession of the object and what he did with the object.

i. When the object passed into the possession of a stranger, then there is doubt as to the integrity,
if not the identity of the object.

c. Proof of Integrity. By proving the Proper Preservation of the object which consist of showing
that the object was kept in a secure place as to make contamination or alteration difficult, and it
has not been brought out until its presentment in court.

4. Effect if there was improper authentication: The object may be excluded upon proper
objection, or that it may not be given any evidentiary value. Thus in a criminal case, reliance
thereon may be a ground for acquittal. Example: there was conflicting testimony by the
policemen as to the description of the bag allegedly containing the drug. The conviction was
reversed.

5. Authentication as applied to certain evidence: a. As to pictures and photographs, maps,

diagrams, the authenticity refers to proving the accuracy of the things, persons, things, or places
depicted in the photographs which may through the testimony of (i) the photographer or (ii)
anyone familiar with the persons, things, and places are shown therein

b. As to tape recordings: (Torralba vs. Pp., Aug. 22, 2005)

Facts: The accused was convicted of libel. One of the pieces of evidence was a tape recording
of the radio broadcast which recording was made by the daughter of the complainant, but the
daughter was not however presented as a witness. Question: Was the tape recording properly
admitted?
Held: The person who recorded should be presented to lay the foundation for the admission of
the tape recording. Before a tape recording is admissible in evidence and given probative value,
the following requisites must first be established:

a. A showing that the recording device was capable of taking testimony b. A showing that the
operator of the device was competent.

c. Establishment of the authenticity correctness of the recording and d. A showing that changes,
alterations, or deletions have not been made

e. A showing of the manner of the preservation of the recording f. Identification of the speakers

g. A showing that the testimony elicited was voluntarily made without any kind of inducement h.
As to X-rays and cardiograms, motion pictures: same requirement as to tape recordings.

Limitations to the admission of objects as evidence in addition to the inherent limitations of

relevancy and competency. a. The admission must not cause undue prejudice to the court, such
as that intended b. The admission is subject to the demands of decency and propriety unless the
admission is extremely necessary.

1. Exhibition of the private parts in sex cases

2. Presentation of the corpse or body parts 3. Re-enactment of violent or offensive acts

4. Examples:

a. The case of the old man accused of rape who had to show his private parts to prove he is
incapable of committing the crime.

b. Case of William Alford charged of shooting a lawyer. He claimed self-defense in that he shot
the victim who was beating him with a cane while the accused was lying down on the ground.
The prosecution witness claimed the bullet had driven downward. Earl Rogers demanded that the
intestine of the victim be brought to court and the testimony of an expert showed that the bullet
traveled upward while the victim was bending over, thereby confirming the claim of the accused

c. Exclusion of objects which are offensive to man's sensibilities or repulsive objects

1. Waste matters, human excreta. 2. Carcasses of dead animals.

3. Killing of an animal to prove a substance is poison

d. The procurement, presentation inspection must not cause inconvenience or unnecessary

expenses out of proportion to the evidentiary value of evidence. e. The admission must not
violate the right against self-incrimination. Handwritings:
the general rule is that a person may not be compelled to produce a sample of his handwriting as
the basis for determining his criminal liability as to the author of a certain written document.
This is because writing is not a mere mechanical act but involves the application of the intellect.
However, if the accused testifies on his behalf and denies authorship, he may be compelled to
give a sample of his handwriting.

f. In cases of ocular inspections: the condition of the thing or place must not have been altered
(ii) there be prior notice of the date, time, and place given to the parties because the inspection is
still part of the trial

Name:

Year/Section:

Date:

Score: Week #:

Define and give examples of the following. (5 pts. Each)

1. Circumstantial Evidence
2. Direct Evidence
3. Documentary Evidence
4. Forensic Evidence
5. Physical Evidence
6. Prima Facie Evidence.

Investigation with Simulation on Interrogation and

Interview. CDI 3
Week 16/17

The necessity of Presentation of Objects in Court

a. The best proof that an object exists is to present it to the court

b. The presentation is not necessary:

1. Where the existence of the object is not the very fact in issue but is merely a collateral fact. of
are merely used as a reference. Thus: (i) when a witness testifies that the accused was drinking a
bottle of gin when he threatened to shoot the witness, it is not necessary to produce the bottle. (ii)
the witness claims the accused threw a stone at his car, the presentation of the stone is not
necessary.
2. Where the article has not been recovered or is outside the jurisdiction of the court. Examples:
stolen articles that are not recovered or brought elsewhere; unrecovered weapons used in crimes.

c. In crimes the gist of which is the illegal possession of an article, a distinction has to be made:
Where

the article is common or familiar article such that it can readily be identified by sight, its
presentation is not necessary, its existence may be shown by the testimony of witnesses.

Example: In a Prosecution for Illegal Possession of Firearms, the accused may still be convicted
even without the presence of the gun in court.

PP. vs. Taguba (342 SCRA 199): In cases involving illegal possession of firearms the
prosecution has the burden of proving (a) the existence of the subject firearm and (b) the fact that
the accused does not have the corresponding permit to possess. As to the first requisite, the
existence can best be established by the presentation of the firearm... (but) there is no
requirement that the actual FA itself must be presented in court... Its existence can be established
by testimony... thus the non-presentation is not fatal to the prosecution of an illegal possession
case.

PP. vs. Taan, (506 SCRA 219, Oct. 30, 2006) "The non-presentation of the subject firearm is not
fatal for the prosecution as long as the existence of the firearm can be established by testimony"
Where the articles however are not common or familiar to ordinary persons and cannot be
identified by sight, they must be presented in court. Example: drugs and contraband items

Results of Scientific Tests as Object Evidence

Forensics: application of scientific principles to answer questions of interest in the legal system.
This is applied most often in the examination of Trace Evidence to solve crimes based on the
Principle of Contact.

Trace Evidence. Evidence found at a crime scene in small but measurable amounts such as hairs,
fibers, soils, botanical materials, explosive residue.

Principle of Contact: every person who is physically involved in a crime leaves some minute
trace of

his her presence in the crime scene or the victim and often takes something away from the crime
scene

and/or victim.

Are there any requirements for the admissibility of evidence?

Yes indeed, take a look at the Daubert Test

Requirements for Admissibility:

The Daubert Test: The U.S. Supreme Court, in the case of Daubert vs. Menell Dow
Pharmaceuticals (1993) came up with a test of reliability and directed those trial judges are to
consider four factors when determining the admissibility of scientific evidence, to wit:

a. whether the theory or technique can be tested

b. whether the proffered work has been subjected to peer review

c. whether the rate of error is acceptable d. whether the method at issue enjoys widespread
acceptance

This Daubert Test was adopted by the Philippine Supreme Court when it finally accepted the
result of

DNA testing as admissible evidence.

Scientific Tests Judicially Accepted:

1. Paraffin Tests although they are not conclusive that a person did or did not fire a gun

2. Lie Detection Test: The result is not admissible as evidence in the Philippines 3. Firearms
Identification Evidence or Ballistic Test to determine whether a bullet was fired from a

particular gun.

4. Questioned Document Test and Handwriting Analysis

5. Drug Tests on a Person.

6. Toxicology or Test of Poison 7. Psychiatric Examination

8. Voice Identification Test 9. Finger Printing

10. Identification through Dentures

11. Genetic Science such as DNA or Blood Test

Chain of Custody

Generally, for evidence to be admissible in a court of law. Strict accountability must be

established to show where, when, and how an item of evidence was collected. Besides, sufficient
testimony must be presented to establish the "chain of custody." The chain of custody of an item
of evidence shows its entire history, starting with its initial discovery, collection, packaging.
transportation, examination, storage, and presentation in court.

In other words, the chain of custody of an item is a detailed history of everything that took place
concerning a particular piece of evidence. The chain of custody will accurately reflect the date
and time every person ever touched the evidence or moved it from the point of its discovery.
This will start with the crime scene specialist that collects the evidence and include each person
that may have touched or had possession of the item, including every laboratory examiner. For
the evidence to be admissible in court, there must be an absolute accounting of its whereabouts
and access by every person from the time of recovery to its presentation in court. Anything less
could cause the item to be excluded in most courts.

Basic Principles of Evidence

The value of physical evidence is determined by how useful it is in verifying that a crime has
been committed. Identifying the person(s) responsible, and exonerating all other persons who
may be under suspicion. Also, physical evidence helps reconstruct the events of an infraction and
their sequence.

Several important concepts regarding the quality and usefulness of physical evidence in
establishing identity should be considered. These concepts include:

Individuality

Individuality is what makes one thing different from all others similar to it. An individual has
thousands of characteristics that are common to other people. However, every human being has
many physical characteristics, such as fingerprints, ear prints. Handwriting, and DNA that makes
him/her unique. If there are enough common characteristics identifiable, or if there are known
unique characteristics. The practical identity of a person may be established. The same may be
said of the identification of objects.

Evidence can be positively identified as having come from a specific source or person if
sufficient identifying characteristics or sufficient microscopic or accidental markings are present.
Examples of such evidence include fingerprints, handwriting, bullets, tool marks, shoeprints,
pieces of glass where the broken edges can be matched, and wood where broken/cut surfaces can
be matched.

Class Characteristics

Evidence that can only be identified by placing it into a particular class, regardless of the amount
or thoroughness of the examination, is known as evidence with only class characteristics. A
definite identification as to its source can never be made since there is a possibility of more than
one for this evidence.
Examples of evidence with only class characteristics where the microscopic or accidental
markings are insufficient for identification to include blood, hair, fibers, shoeprints, tool marks,
or bullets.

Class characteristics of an item therefore allow it to be screened before a more detailed

comparison is made between it and another object to determine individual characteristics that
may later lead to the establishment of a specific identity. It is desirable to have evidence that can
be positively identified but the value of evidence with class

characteristics only should not be minimized. In cases involving evidence with class
characteristics,

the following are desirable

1. A preponderance of such evidence.

2. A preponderance of class characteristics within a single item of evidence, such as paint with
many layers all matching, or soil with foreign matter such as paint chips.

3. Elimination specimens, such as soil, from where a suspect claims he/she or a car was, or other
materials from a source mentioned in an alibi.

Probability

The probability that a combination of independent events will occur is the product of individual
probabilities. Thus, the probability of association with a particular situation may be very high
when several separate factors are found to correspond. The presence of matching fibers hair,
blood, shoeprints, or tool marks may indicate an extremely high probability of involvement, even
though none of these factors is in itself conclusive.

The importance of mathematical probability to the quality of physical evidence is readily

apparent when we consider the use of fingerprints to establish the identification of a suspect. We
conclude that in the whole population of the world, the probability is that no two individuals
have the same fingerprints. Although most people, including knowledgeable fingerprint
examiners, are not aware of it, the strongest basis for the acceptance of fingerprint uniqueness
rests on mathematical probability.

Rarity

Recognizing the rarity of time, place, and circumstances associated with physical evidence found
in or near the crime scene is a developed skill. The determination of whether or not an item
should be collected as evidence will frequently rest on the following circumstances: it seems out
of place; it is unusual for the item to be in a certain place, or the condition of the item or object
indicates unusual change.
These types of evaluations are conducted by an investigator and crime scene specialist on a
routine basis and become keener with the passage of time and experience. Veteran investigators
or crime scene specialists will routinely develop a sixth sense for noting items out of place or
unusual conditions of commonplace items. Their ability to recognize potential evidence
gradually increases with time and experience.

Theory of Transfer

When two objects come into contact, there will frequently be a transfer of small amounts of
material from one to the other. Thus, when suspects come in contact with the victim and objects
at the crime scene, they frequently leave behind traces of themselves and take with them traces
of any objects touched. This also applies to police officers and crime scene specialists Materials
transferred in this way are normally referred to as trace evidence. The term trace evidence is
usually very loosely defined; however, it most often is applied to a minute or microscopic bits of
materials that are not immediately apparent to even a trained investigator.

Comparisons

The most definite point of comparison between objects is an obvious physical match (for
example, between the bit of a screwdriver and the shank from which it was broken, or a splinter
of wood and the part from which it split.)

The lesson to be seen in these comparisons is that any item that suggests a rip, tear, or breakage
should spark a thorough search for its counterpart or for the object that was used to inflict the
damage. By matching the two pieces the crime scene specialist can prove a connection between
not only the items, but frequently the suspect and the crime scene, or the suspect and the victim
of the crime.

Are there any potential outcome of Physical Evidence Assist in the Solution of a

Yes, like 1. Identify Suspects, 2. Prove or Disprove, 3. Connect Suspect to a Crime, 4. Identify
Property Connected with a Crime, 5. Identify Property Connected with a Crime, 6. Develop a
Modus Operandi, 7. Prove an Element of the Offense, 8. Prove Theory of a Case.

The Potential Outcome of Physical Evidence Assist in the Solution of a Case

Identify Suspects

Suspects can be identified through the presence of physical evidence such as fingerprints or
biological fluids left at the crime scene, or other exchanges of trace evidence. These provide
positive proof that the suspect or his/her biological fluids came in contact with a particular
location.

Prove or Disprove
Physical evidence can help prove or disprove a suspect's alibi, such as the presence of safe
insulation on an individual's shoes who denies being at the scene of a safe burglary.

Connect Suspects to a Crime

Suspects can be connected to the crime through the presence of physical evidence that proves
their involvement, such as their fingerprints being discovered on the underside of a cash drawer
at the scene of a robbery. These fingerprints would provide an indisputable connection of the
suspect with the scene. Besides, the location of these fingerprints would also provide an even
stronger connection with the robbery, particularly when it could be proven that no one other than
the store employees would routinely have access to the underside of the cash drawer.

Identify Property Connected with a Crime

As a result of a dye pack exploding during a bank robbery, the cash, as well as the hands and
clothing of a suspect would be readily identifiable. The unique properties of the dye would help
an investigator identify the tainted cash and prove the suspect's involvement. The suspect would
be hard- pressed to explain how the unique dye used in the dye pack came in contact with his/her
hands and clothing, besides possession of the money.

Develop a Modus Operandi

Modus operandi is a pattern of criminal behavior that can be associated with a particular
criminal. In the early 1900s, August Vollmer, Chief of the Berkeley, California Police
Department in the United States, introduced the concept of modus operandi (MO), which
involves the systematic classification of known criminal behavior. Later, research showed that a
disproportionate number of crimes can be attributed to a small group of individuals characterized
by identifiable predictable and repetitive behavior patterns

Most repeat offenders are predictable because they tended to commit crimes at certain times,
within a specific area, and using similar methods. Information about the offender can be
predicted by analyzing the habits of the victims and used to predict potential victims.

Physical evidence left by a suspect will often help identify the MO.

For example, a robber may have the habit of browsing a convenience store while waiting for this
stalking period, the robber may grab a favorite brand of soft drink and pretend he/she was about
to purchase. The soft drink may then be left behind once the robbery is committed. Even if
usable fingerprints were never obtained from the soft drink bottle, the particular brand could be
identified as an accidental signature of the robber

Prove an Element of the Offense

Shards of glass or building materials on a suspect's clothing may prove entry. When glass or
cinder blocks break very fine particles become airborne and frequently land on the perpetrator,
without his/her knowledge. These minute particles can be a piece of physical evidence that
places the suspect at the scene of the crime.

Bullets, the residue at the scene of a fire, semen, blood, and tool marks, may all prove elements
of certain offenses. Each one of these items becomes a potential piece of evidence that helps
proves the elements of a particular crime.

Safe insulation on tools may be sufficient to prove a violation of laws against the possession of
burglary tools. People do not normally have safe insulation on their tools and a criminal would
be hard-pressed to provide a logical explanation for its presence that does not involve a criminal
act.

Prove Theory of a Case

Footprints may show how many people the crime scene Auto paint on clothing may show that a
person was hit by a car instead of another cause of

injury.

Discussions

Physical evidence is any object that can establish that a crime has been committed or can provide
a link between a crime and its victim or perpetrator. The purpose of physical evidence aids in the
solution of a case, provides an element of the crime, such as fear or force, and proves a theory in
the case. Physical evidence will either prove or disprove statements of what may or may not have
happened.

Physical evidence also places suspect in contact with a victim or victims, establish identification
persons involves, can exonerate the innocent, corroborate testimony, and of course can help aid
during interviews and interrogations. Physical evidence is usually identified, such as controlled
substance, or compared, as in the comparison of shattered glass found in a different location. The
purpose is to prove that a crime has been committed, or establish key elements of the crime.
Example: fire investigators might collect pieces of carpeting at the scene of a house fire and have
it tested for the presence of flammable liquids. If such a substance was present inside the home,
such physical evidence could be used to prove that the fire was deliberately set. This would
establish one of the elements of arson. To link a suspect to the victim or the crime scene. For
example the suspect in a burglary might be apprehended shortly after the crime and subjected to
the seizure of his clothing.

Physical evidence can be more reliable than eyewitness testimony. Physical evidence speaks for
itself. It doesn't forget or become flustered on the stand. Eyewitnesses often see things differently
and seldom do two witnesses provide identical observations. Frequently, witnesses will fill in
gaps in their testimony when they didn't see everything. Additionally, with time and under cross-
examination witnesses sometimes freeze and fail to provide the testimony they previously
offered. This ever happens with physical evidence.

COLLEGE OF CRIMINOLOGI

Name: Year/Section:

Date:

Essay

Score: Week #:

1. Discuss the purpose of physical evidence as to the admissibility of evidence.

2. Explain the necessity of the presentation of object evidence in court.

3. What are the requirements for the admissibility of evidence?

4. What is meant by standard reference files and collections?.

Objectives: at the end of this segment, the students should be able to:

1. Identify the main source of evidence.

2. Understand the evidence comparison

Special Crime Investigation with Simulation on Interrogation and

Interview.
CDI 3
Week 18

Topic: Main source of Physical Evidence

The Crime Scene

The crime scene is usually the focus of the preliminary investigation and also the primary source
of physical evidence. However, it is also an area with the greatest potential for the destruction or
contamination of evidence. Crime scene specialists must be diligent in avoiding accidental
contamination of the crime scene not only by themselves, but by others, such as witnesses' police
officers, investigators, and conditions (rain, wind, snow, etc.) environmental
All persons coming in contact with the crime scene should be cautioned about crime scene
contamination. Something as innocent as walking through the crime scene, smoking, or picking
up an item for the closer examination can produce contamination every crime scene should have
a contamination sheet that lists the name, date, and time of each person's arrival and departure
from the crime scene. This sheet can also be used at a later time if the need for elimination of
prints should occur.

The Victim

The victim of a crime is often a potential source of physical evidence, particularly in the case of
sex crimes. Hair, fibers, and biological fluids are all potential evidence and need to be collected
following established protocol. Time is of the essence and the potential for contamination or
destruction should be a primary concem. Crime scene specialists must be familiar with the
proper methods of collecting and protecting these items of evidence.

The Suspect and His/Her Environment

The suspect and his/her environment can be prime sources of physical evidence Just as the
victim of a sexual assault will most likely possess physical evidence, the suspect is no different
Transfers of evidence readily occur and must be sought out on both the suspect and his/her
environment, such as the suspect's vehicle or home. Again, time is of the essence and the
potential for destruction or contamination is great. Crime scene specialists must always be on the
alert for potential sources of physical evidence, such as the suspect's vehicle, clothing, shoes, or
furniture. Comparison Evidence

Standards for Comparison

Most evidence found at a crime scene is of diminished value without a standard for comparison.
Even the best fingerprint with the clearest characteristics is useless unless there is a llad mint to
man it in.

Finding evidence at the scene is only half the battle. The value or uniqueness of that piece of
evidence must be proven in such a manner that it provides a basis for the logical conclusion, ie,
the fingerprint had to be deposited at the scene by the suspect. The investigator or crime scene
specialist must also obtain the needed standards for comparison. If some foreign fibers were
discovered at the scene of a crime, the investigator or crime scene specialist must be able to
locate the material that can be used for comparison, i.e. a shirt or jacket from the suspect that has
a similar fabric and color.

Examples

A shoeprint only yields general information about the shoe that makes the print, unless the
investigator can compare it to the suspect's shoes Hair evidence gives the most information when
it can be compared to that of the victim or suspect
A recovered projectile (bullet) will yield the most information when checked against a suspect's
firearm

Standard Reference Files and Collections

Nearly every crime laboratory maintains standard reference files and collections that can be used
for

comparison or informational purposes. For example, in the United States, the Federal Bureau of

Investigation (FBI) Laboratory maintains the following standard film so that evidence can be
compared:

1. Adhesives

2. Ammunition

3. Check writer standards

4. Duct tape/electrical tape 5. Explosives and related items

6. General rifling characteristics

7. Hair and fibers

8. National automotive image file

9. National automotive paint file

10. National motor vehicle certificate of title

11. National motor vehicle altered numbers file

12. National vehicle identification numbers file 13. Office equipment standards (typewriters,
copiers, printers, etc.)

14. Reference firearms collection 15. Safe insulation

16. Safety paper standards

17. Shoe sole design standards

18. Tire tread design standards

19. Watermark standards

The FBI Laboratory also maintains the following files of questioned material:

1. Anonymous letters 2. Bank robbery notes

3. Fraudulent checks

Relationship between the Investigator and Crime Scene Specialist

Mutual Objective

The investigator and crime scene specialist share the same objective, that being the collection of
evidence to help solve a crime and prove the involvement of the suspect(s). Although each has a
particular role, they both work toward the common goal of bringing the offender to justice.
Working Relationship

The investigator and crime scene specialist should have a close working relationship that allows
them to freely share ideas, theories, and thoughts concerning the collection of evidence. Neither
should feel like the primary source of ideas or theories about the presence or value of potential
evidence. Each usually brings a tremendous amount of experience and expertise to the table. It
experience and expertise that leads to success. is this combined

The Purpose of the Crime Laboratory

A crime laboratory is a scientific tool that exists to assist the investigator and crime scene
specialist in the process of criminal justice. The laboratory provides this assistance through the
examination and comparison of physical evidence collected from a variety of sources, such as
the crime scene, the victim, the suspect, and other related areas. The crime laboratory can often
answer, or help answer vital questions concerning whether a crime has been committed, who
committed it, or just as important, who could have committed it. The crime laboratory seeks
these answers through scientific analysis of physical evidence submitted by the crime scene
specialist.

Laboratory personnel are subject matter experts and provide testimony regarding the analysis
they conducted, as well as their interpretation of such analysis. Their court testimony can often
have a significant impact on a jury, particularly when the case is based primanly on
circumstantial evidence.

Name: Year/Section:

Date:

Score: Week #:

Activity 1. Essay (10 pts. Each)

1. Discuss the importance of a Crime Scene Specialist in Criminal Investigation.

2. What is meant by standard reference files and collections?

3. . What are the requirements for the admissibility of evidence?